Libertarians get their Day in Court
"Real debate or no debate," says Arizona party
Phoenix, AZ (PRWEB) October 12, 2004 -- The case has been filed, the orders have been served, and the hearing has been scheduled. On Tuesday, the Superior Court of Maricopa County will decide whether or not taxpayer money can be used to present campaign commercials for favored political parties and their candidates.
At issue is the exclusion of Michael Badnarik, the Libertarian Party's presidential candidate, from a Wednesday event at Arizona State University in Tempe.
"The media refers to this event as a 'debate," says Stephen Gordon, Badnarik's communications director. "But there are three candidates on the ballot in Arizona, and the University, in collusion with an allegedly non-partisan, allegedly non-profit organization, is spending about $2 million to publicize the views of only two of them."
Arizona Libertarians filed suit to stop the event on October 1, claiming that the state Constitution prohibits donations of taxpayer money to corporations like the Commission on Presidential debates. "If all of the candidates were invited, it might be portrayed as an educational program," says David Euchner, the Tucson attorney pressing the Libertarians' case. "When legitimate candidates whose names will appear on the Arizona ballot are excluded, the only word for it is 'campaign commercial.'"
Early Friday, Judge Pendleton Gaines issued an Order to Show Cause, which Euchner caused to be served on the defendants, Arizona State University and the Commission on Presidential Debates. CPD personnel attempted to evade and resist service -- Michael Badnarik himself was arrested in St. Louis while attempting to serve the papers -- but copies were left at their headquarters and affidavits supporting the attempt at service have been filed. A hearing has been scheduled for 9 a.m. on Tuesday in the Superior Court of Maricopa County.
Case Number CV2004-019089 is scheduled to be heard at 9:00AM, October 12, 2004 in Room 814 of the East Court Building of the Maricopa County (Arizona) Superior Court. The hearing is scheduled to be no longer than one hour, with one half hour allotted for each side to make their arguments.
Badnarik, along with George W. Bush and John F. Kerry, will be on Arizonans' ballots on November 2nd as a presidential choice. His name also appears on the ballot in 47 other states and the District of Columbia.
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